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Manz v. Prairie Township Fire Protection Board

Court of Appeals of Missouri, Western District, Special Division

June 16, 2015

GEORGIANN MANZ, ET AL., Appellants,
v.
PRAIRIE TOWNSHIP FIRE PROTECTION BOARD, ET AL., Respondents

Page 832

[Copyrighted Material Omitted]

Page 833

APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI. THE HONORABLE KENNETH R. GARRETT III, JUDGE.

Steven E. Mauer, Kansas City, MO for Appellants.

Ken Barnes, Kansas City, MO for Respondents.

Before Special Division: Victor C. Howard, Presiding Judge, James E. Welsh, Judge and Mark D. Pfeiffer, Judge. All concur.

OPINION

VICTOR C. HOWARD, JUDGE.

Page 834

Thomas and Georgiann Manz, Donald and Vada Bryant, Trudy Surber, Suzanne Apel, and Melissa Burner (Petitioners) appeal the judgment of the trial court denying their motion for writ of mandamus requesting the trial court to direct the Jackson County Election Board to place on the August ballot a question that would allow voters to determine whether property within Blue Springs should be excluded from the boundaries of the Prairie Township Fire Protection District.[1] The trial court's judgment is affirmed.

Background

Petitioners are residents of Blue Springs whose property is located within the boundaries of the Prairie Township Fire Protection District (District). The City of Blue Springs does not have a municipal fire department. The Central Jackson County Fire Protection District provides the majority of Blue Springs with emergency services.

In February of this year, 270 pages of referendum petitions were submitted to the Jackson County Election Board. The referendum petitions contained the following proposed ballot language:

Shall the Prairie Township Fire District exclude from its boundaries all of the property located ...

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